(1)
The director of agriculture is authorized
to participate in the national pollutant discharge elimination system in
accordance with the Federal Water Pollution Control Act. Not later than one
hundred eighty days after March 15, 2001, the director shall prepare a state
program in accordance with 40 C.F.R. 123.21 for point sources
that are subject to this section and shall submit the program to the United
States environmental protection agency for approval.

(2)
On and after the date on which the United States environmental protection
agency approves the state program submitted under division (A)(1) of this
section, the authority to enforce terms and conditions of NPDES permits
previously issued under division (J) of section
6111.03 or under section
6111.035 of the Revised Code for
the discharging, transporting, or handling of storm water from an animal
feeding facility or of pollutants from concentrated animal feeding
operations is transferred from the director of environmental protection
to the director of agriculture. Thereafter, the director of environmental
protection shall have no authority to enforce the terms and conditions of those
NPDES permits. After the transfer of authority under division (A)(2) of this
section, the NPDES permits concerning which authority has been transferred
shall be considered to have been issued under this section.

(1)
On and after the date on which the United
States environmental protection agency approves the NPDES program submitted by
the director of agriculture under this section, no person shall discharge
pollutants from a concentrated animal feeding
operation into waters of the state without first obtaining a NPDES permit
issued by the director of agriculture under this section. Any person that is
required by the Federal Water Pollution Control Act to obtain a permit for the
discharge of pollutants from a concentrated animal feeding
operation shall apply to the director for an individual NPDES permit or
for coverage under a general NPDES permit. The director is authorized to issue,
revoke, modify, or deny such an individual permit or issue, revoke, or deny
coverage under a general permit in compliance with all requirements of the
Federal Water Pollution Control Act. Violation of division (B)(1) of this
section is hereby declared to be a public nuisance for purposes of state
enforcement of this section.

(2)
Persons that have been issued a permit by the director of environmental
protection under division (J) of section
6111.03 of the Revised Code for
the discharge of pollutants from a concentrated animal feeding operation
into the waters of the state prior to the date on which the United States
environmental protection agency approves the NPDES program submitted by the
director of agriculture under this section may continue to operate under that
permit until it expires or is modified or revoked. Such a permit shall be
enforced by the director of agriculture upon the transfer of authority to
enforce the terms and conditions of the permit under division (A)(2) of this
section.

(1)
On and after the date on which the United
States environmental protection agency approves the NPDES program submitted by
the director of agriculture under this section, no person shall discharge storm
water resulting from an animal feeding facility without first obtaining a NPDES
permit issued by the director of agriculture in accordance with rules when such
a permit is required by the Federal Water Pollution Control Act. Violation of
division (C)(1) of this section is hereby declared to be a public nuisance for
purposes of state enforcement of this section.

(2)
Persons that have been issued a NPDES permit by the director of environmental
protection under Chapter 6111. of the Revised Code for the discharge of storm
water from an animal feeding facility prior to the date on which the United
States environmental protection agency approves the NPDES program submitted by
the director of agriculture under this section may continue to operate under
that permit until it expires or is modified or revoked. Such a permit shall be
enforced by the director of agriculture upon the transfer of authority to
enforce the terms and conditions of the permit under division (A)(2) of this
section.

(D)
In
accordance with rules, an applicant for a NPDES permit issued under this
section shall submit a fee in an amount established by rule together with,
except as otherwise provided in division (F) of this section, an application
for the permit to the director of agriculture on a form prescribed by the
director. The application shall include any information required by rule. The
director or the director's authorized representative may help an applicant for
a NPDES permit during the application process by providing guidance and
technical assistance.

(E)
The director of agriculture shall issue NPDES permits in accordance with this
section and section
903.09 of the Revised Code. The
director shall deny an application for a NPDES permit if any of the following
applies:

(2)
The administrator of the United States environmental protection agency objects
in writing to the issuance of the NPDES permit in accordance with section
402(d) of the Federal Water Pollution Control Act.

(3)
The director determines that the proposed discharge or source would conflict
with an areawide waste treatment management plan adopted in accordance with
section 208 of the Federal Water Pollution Control Act.

Additional grounds for
the denial of a NPDES permit shall be those established in this chapter and
rules.

(F)
To the extent consistent with the Federal Water Pollution Control Act, the
director of agriculture shall issue general NPDES permits that will apply in
lieu of individual NPDES permits for categories of point sources for which the
director determines that all of the following apply:

(1)
Any discharges authorized by a general permit will have only minimal cumulative
adverse effects on the environment when the discharges are considered
collectively and individually.

(2)
The discharges are more appropriately authorized by a general permit than by an
individual permit.

(3)
Each
category of point sources satisfies the criteria established in rules.

A person who is
required to obtain a NPDES permit shall submit to the director a notice of the
person's intent to be covered under an existing general permit or, at the
person's option, an application for an individual NPDES permit. Upon receipt of
a notice of intent for coverage under an existing general permit, the director
shall notify the applicant in writing that the person is covered by the general
permit if the person satisfies the criteria established in rules for
eligibility for such coverage. If the person is ineligible for coverage under
the general permit, the director shall require the submission of an application
for an individual NPDES permit.

(G)
The director of agriculture shall establish terms and conditions of NPDES
permits in accordance with rules. Terms and conditions shall be designed to
achieve and maintain full compliance with national effluent limitations,
national standards of performance for new sources, the most current water
quality standards adopted under section
6111.041 of the Revised Code, the
most current antidegradation policy adopted under section
6111.12 of the Revised Code, and
other requirements of the Federal Water Pollution Control Act. In establishing
the terms and conditions of a NPDES permit, the director, to the extent
consistent with that act, shall consider technical feasibility and economic
costs and shall allow a reasonable period of time for coming into compliance
with the permit.

(H)
An animal
feeding facility that is required to obtain both a NPDES permit and a permit to
operate shall be issued a single permit to operate incorporating the terms and
conditions established by both permits. The permit to operate expressly shall
designate the terms and conditions required under the NPDES program as
federally enforceable. All other provisions are enforceable under state law
only and expressly shall be designated accordingly.

(I)
A
NPDES permit may be issued under this section for a period not to exceed five
years.

(J)
A NPDES
permit issued under this section may be renewed. An application for renewal of
a NPDES permit shall be submitted to the director of agriculture at least one
hundred eighty days prior to the expiration date of the permit and shall comply
with the requirements governing applications for NPDES permits established
under this section and by rule.

(1)
No person shall make any false statement,
representation, or certification in an application for a NPDES permit or in any
form, notice, or report required to be submitted to the director pursuant to
terms and conditions established in a NPDES permit issued under this
section.

(2)
No person
shall render inaccurate any monitoring method or device that is required under
the terms and conditions of a NPDES permit issued under this section.

(L)
The
director may modify, suspend, or revoke a NPDES permit issued under this
section for cause as established by rule. No NPDES permit issued under this
section shall be modified, suspended, or revoked without a written order
stating the findings that led to the modification, suspension, or revocation.
In addition, the permittee has a right to an administrative hearing in
accordance with Chapter 119. of the Revised Code, except that section
119.12 of the Revised Code does not
apply. Further, an order of the director modifying, suspending, or revoking a
NPDES permit may be appealed to the environmental review appeals commission
under sections
3745.04 to
3745.06 of the Revised
Code.